Legal Opinion

McDonnell v. De Soto Savings & Building Ass'n

Supreme Court of Missouri

Decided June 9, 1903PublishedCited by 17 opinions

Appeal from St. Louis City Circuit Court. — Eon. Jas. E. Withrow, Judge. (1) It is well settled in this State: “That the funds of a building and loan association must be offered to the stockholders without restriction as to the premium, affording to each stockholder entitled to borrow the opportunity of borrowing at the lowest rate he can obtain in competition with other stockholders.

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Appeal from St. Louis City Circuit Court. — Eon. Jas. E. Withrow, Judge. (1) It is well settled in this State: “That the funds of a building and loan association must be offered to the stockholders without restriction as to the premium, affording to each stockholder entitled to borrow the opportunity of borrowing at the lowest rate he can obtain in competition with other stockholders. The board of directors have m> right, under the statute, to fix the minimum rate of premium, or to regulate the premium by private'contract with the borrower.”, Ruppell v. Mo. Guar. S. & B. Ass’n, 158 Mo. 613;…

1Opinion of the Court

BURGESS, J. J.

— This suit was instituted by John McDonnell and Catherine McDonnell, his wife. Since the suit has been pending in this court John McDonnell died, and the suit was duly revived in the name of his heirs and the administrator of his estate. The purpose of the suit is to have cancelled and set aside two certain bonds and two deeds of trust securing the same, executed by McDonnell and wife, to defendant Hartnett, *258as trustee of the De Soto Savings and Building Association, as well as the sale of the property described in the deeds of trust by said trustee, and the deed by him to the…

2Cases cited17 opinions

  1. Wendell v. Van RensselaerNew York Court of Chancery · 1815
  2. Noble v. BlountSupreme Court of Missouri · 1883
  3. Brown v. Lasalle ArcherMissouri Court of Appeals · 1895
  4. Robertson v. American Homestead Ass'nCourt of Appeals of Maryland · 1857
  5. Bray v. MarshallSupreme Court of Missouri · 1882

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3Cited by17 opinions

  1. Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
  2. First Bank of Texola v. TerrellSupreme Court of Oklahoma · 1914
  3. Marsden v. NippSupreme Court of Missouri · 1930
  4. Ross v. First American InsuranceNebraska Supreme Court · 1933
  5. Mitchell v. United Railways Co.Missouri Court of Appeals · 1907

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